long long post concerning "gun control" etc. part B

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long long post concerning "gun control" etc. part B

#1 Post by Grizz » Sun Aug 25, 2019 3:17 pm



"It is a fortunate thing that the objection to the Government has been made on the ground I stated; because it will be practicable, on that ground, to obviate the objection, so far as to satisfy the public mind that their liberties will be perpetual, and this without endangering any part of the Constitution, which is considered as essential to the existence of the Government by those who promoted its adoption...."

"In some instances they assert those rights which are exercised by the people in forming and establishing a plan of Government. In other instances, they specify those rights which are retained when particular powers are given up to be exercised by the Legislature. In other instances, they specify positive rights, which may seem to result from the nature of the compact. Trial by jury cannot be considered as a natural right, but a right resulting from a social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre-existent rights of nature."

-James Madison, June 8, 1789 House of Representatives, Amendments to the Constitution 8 June



The authors, of three of the last above listed quotes, played a major role in convincing Mr. James Madison, (the main author of the Bill of Rights), that their fears were valid. Which is what lead to our Bill of Rights. The contention, that the Right to Keep and Bear Arms is an individual one. And, that it was supposed to be placed beyond the reach of ANY government interference, is proven in the Preamble to the Bill of Rights itself;

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

declaratory -

A well regulated militia, being necessary to the security of a free state,

restrictive -

the right of the people to keep and bear arms, shall not be infringed.



"The Constitution, in the present case, is the great law of the people, who are themselves the sovereign legislature; and the preamble is in these words--

"We, the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defence,
promote the general welfare, and secure the blessing of liberty to ourselves and
our posterity, do ordain and establish this Constitution for
the United States of America."

"These are the great objects for which the Constitution was established; and in administering it, we should always keep them in view. And here it is remarkable, that, although common defence and general welfare are held up, in the preamble, amongst the primary objects of attention, they are again mentioned in the 8th section of the 1st article, whereby we are enjoined, in laying taxes, duties, &c., particularly to regard the common defence and general welfare. Indeed, common sense dictates the measure; for the security of our property, families, and liberties--of every thing dear to us--depends on our ability to defend them. The means, therefore, for attaining this object, we ought not to omit a year, a month, or even a day, if we could avoid it; and we are never provided for defence unless prepared for sudden emergencies."

- Elbridge Gerry, House of Representatives, February 7, 1791, [Elliot's Debates, Volume 4]



"The defence of one’s self, justly called the primary law of nature, is not, nor can it be abrogated by any regulation of municipal law. This principle of defence is not confined merely to the person; it extends to the liberty and the property of a man: it is not confined merely to his own person; it extends to the persons of all those, to whom he bears a peculiar relation -- of his wife, of his parent, of his child, of his master, of his servant: nay, it extends to the person of every one, who is in danger; perhaps, to the liberty of every one, whose liberty is unjustly and forcibly attacked. It becomes humanity as well as justice."

- James Wilson, 'Of the Natural Rights of Individuals', 1790-1792, (Signed the Declaration of Independence and the U.S. Constitution, Congressman, Delegate to the Constitutional Convention and Supreme Court Justice).



"These are solemn but painful truths; and yet we recommend it to you not to forget the possibility of danger from without, although danger threatens us from within. Usurpation is indeed dreadful; but against foreign invasion, if that should happen, let us rise with hearts and hands united, and repel the attack with the zeal of freemen who will strengthen their title to examine and correct domestic measures, by having defended their country against foreign aggression.

"Pledged as we are, fellow-citizens, to these sacred engagements, we yet humbly, fervently implore the Almighty Disposer of events to avert from our land war and usurpation, the scourges of mankind; to permit our fields to be cultivated in peace; to instil into nations the love of friendly intercourse; to suffer our youth to be educated in virtue, and to preserve our morality from the pollution invariably incident to habits of war; to prevent the laborer and husbandman from being harassed by taxes and imposts; to remove from ambition the means of disturbing the commonwealth; to annihilate all pretexts for power afforded by war; to maintain the Constitution; and to bless our nation with tranquillity, under whose benign influence we may reach the summit of happiness and glory, to which we are destined by nature and nature's God.

Attest, JOHN STEWART, C. H. D.

1799, January 23d. Agreed to by the Senate. H. BROOKE, C.S., Address to The People.



"It is a rule of law that, in order to ascertain the import of a contract, the evident intention of the parties, at the time of forming it, is principally to be regarded. Previous to the formation of this Constitution, there existed certain principles of the law of nature and nations, consecrated by time and experience, in conformity to which the Constitution was formed."

- Mr. Elliot, Debate in U.S. House of Representatives, Oct. 25, 1803
(The Debates in the Several State Conventions on the Adoption of the Federal Constitution), [Elliot's Debates, Volume 4]



"The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government...."

"....This may be considered as the true palladium of liberty....The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

- St. George Tucker, Blackstone's Commentaries, (1803).



"The right of self-defense in these cases is founded in the law of nature, and is not, and cannot be superceded by the law of society. In those instances, says Sir Michael Foster, the law, with great propriety, and in strict justice, considers the individual to be under the protection of the law of nature."

- James Kent, 1763–1847, [Commentaries on American Law - Vol. II, Lect. XXIV, Of the Absolute Rights of Persons, (1826-30)]. Chief Judge N.Y. Supreme Court, First Professor of Law at Columbia College.

"..."Resolved, That we have a right to expect the General Government will extend to this member of the Union, by negotiation or by arms, the protection of her territorial rights, guarantied by the federal compact, and thus save her from the necessity of failing back upon her natural and reserved rights of self defence and self-protection--rights which constitutions can neither give nor take away...."

- State of Maine, April 10&15, 1840 Resolutions sent to U.S. Congress. [Journal of the Senate of the United States of America.]

In closing, it should be plain for all to see, that our governments, at all levels, have exceeded their Constitutionally delegated authority. In Constitutional terms, this is what is known as Usurpation. It is illegal, and defeats the purposes for which our government was formed to begin with. The government has no legal authority, whatsoever, over the Right of We The People to Keep and Bear Arms. As shown here:

"It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A CONSTITUTION is, in FACT, and MUST be regarded by the judges, as a FUNDAMENTAL law."

- Alexander Hamilton, Federalist #78



The following examples of correct legal decisions bear the above assertion(s) out:



"The language of the second amendment is broad enough to embrace both Federal and State governments--nor is there anything in its terms which restricts its meaning. The preamble which was prefixed to these amendments shows, that they originated in the fear that the powers of the general government were not sufficiently limited. Several of the States in their act of ratification recommended that further restrictive clauses should be added. And in the first session of the first Congress, ten of these amendments having been agreed to by that body, and afterwards sanctioned by three-fourths of the States, became a part of the Constitution. But admitting all this, does it follow that because the people refused to delegate to the general government the power to take from them the right to keep and bear arms, that they designed to rest it in the State governments? Is this a right reserved to the States or to themselves? Is it not an inalienable right, which lies at the bottom of every free government? We do not believe that, because the people withheld this arbitrary power of disfranchisement from Congress, they ever intended to confer it on the local legislatures. This right is too dear to be confided to a republican legislature."

- Nunn v. The State of Georgia, AMERICUS, JULY TERM, 1846

**********

"The maintenance of the right to bear arms is a most essential one to every free people and should not be whittled down by technical constructions."

- State vs. Kerner, 181 N.C. 574, 107 S.E. 222, at 224 (1921)

**********

"It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon."

- Boyd vs. United States, 116 US 616

**********

"It is well settled that the Constitutional Rights protected from invasion by the
police power, include Rights safeguarded both by express and implied prohibitions in the Constitutions."

- Tiche vs. Osborne, 131 A. 60

**********

"Disobedience or evasion of a Constitutional Mandate cannot be tolerated, even though such disobedience may, at least temporarily, promote in some respects the best interests of the public."

- Slote vs. Examination, 112 ALR 660

**********

"As a rule, fundamental limitations of regulations under the police power are found in the spirit of the Constitutions, not in the letter, although they are just as efficient as if expressed in the clearest language."

- Mehlos vs. Milwaukee, 146 NW 882

**********

"The claim and exercise of a Constitutional right cannot be converted into a crime."

- Miller v. U.S. 230 F 2nd 486, 489.

**********

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

- Miranda vs. Arizona, 384 US 436, 491

**********

"There should be no arbitrary deprivation of Life or Liberty..."

- Barbour vs. Connolly, 113 US 27, 31; Yick Wo vs. Hopkins, 118 US 356

**********

"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."

- Snerer vs. Cullen, 481 F. 946

**********

"With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority."

- Connolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848;
- O'Neil vs. Providence Amusement Co., 108 A. 887

**********

"Constitutional Rights cannot be denied simply because of hostility to their assertions and exercise; vindication of conceded Constitutional Rights cannot be made dependent upon any theory that it is less expensive to deny them than to afford them."

- Watson vs. Memphis, 375 US 526

**********

"The state cannot diminish Rights of the people."

- Hurtado vs. California, 110 US 516

**********

"No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution."

- 16 Am.Jur. (2nd), Const. Law, Sect. 70

**********

"The courts are not bound by mere form, nor are they to be misled by mere pretenses. They are at liberty -- indeed they are under a solemn duty -- to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purported to have been enacted to protect ... the public safety, has no real or substantial relation to those objects or is a palpable invasion of Rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution."

Mulger vs. Kansas, 123 US 623, 661

**********

"The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both."

- William Rawle, A View of the Constitution, 125-6 (2nd ed. 1829). (Appointed by President George Washington as U.S. District Attorney for Pennsylvania in 1791).

**********

"The Constitution and laws of the United States "are the supreme law of the land," anything in the Constitution or laws of any State to the contrary, notwithstanding." Their supremacy is thus declared in express terms: "Whatever conflicts therewith has no operative or obligatory force. Allegiance to the United States, and loyalty to the United States Constitution and laws, are the paramount duty of every citizen. Within their legitimate sphere, they command the obedience of all, and no State Constitution or statute can absolve any one therefrom....As it is both the right and duty of every citizen to become fully informed upon all governmental affairs, so as to discharge his many political obligations intelligently at the ballot-box, and in other legitimate ways; and the freedom of the press and of speech are guaranteed to him for that as well as other essential purposes; and as the right of the people peaceably to assemble and petition for the redress of grievances, and to keep and bear arms, cannot be lawfully abridged or infringed...”

- CHARGE TO THE GRAND JURY BY THE COURT, United States Circuit Court, DISTRICT OF MISSOURI, SPECIAL JULY TERM, 1861. JULY 10, 1861.

**********

"2. Those declaratory of the fundamental rights of the citizen: as that all men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness; that the right to property is before and higher than any constitutional sanction; that the free exercise and enjoyment of relgious profession and worship, without discrimination or preference, shall forever be allowed; that every man may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that every man may bear arms for the defense of himself and of the state; that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, nor shall soldiers be quartered upon citizens in time of peace; and the like."

- Thomas M. Cooley, LL.D, [A Treatise on the Constitutional Limitations Which Rest Upon The Legislative Power of the States of the American Union" 6th Edition, Little, Brown and Company 1890.] (Outline of Declaration of rights for the protection of individuals and minorities, expected from states when forming/amending a Constitution).

Mr. Cooley was Dean of the University of Michigan's Law School, Michigan Supreme Court justice, and a nationally recognized scholar.

**********

"Natural rights [are] the objects for the protection of which society is formed and municipal laws established."

- Thomas Jefferson, letter to James Monroe, 1797

________________

"Nothing...is unchangeable but the inherent and unalienable rights
of man."

- Thomas Jefferson, letter to John Cartwright, 1824,

The Writings of Thomas Jefferson, Lipscomb and Bergh, eds., 16:48.

________________

"Man [is] a rational animal, endowed by nature with rights and with an innate sense of justice."

- Thomas Jefferson to William Johnson, 1823. ME 15:441

________________

"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."

- Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134

________________

"What is true of every member of the society, individually, is true of them all collectively; since the rights of the whole can be no more than the sum of the rights of the individuals."

- Thomas Jefferson to James Madison, 1789. ME 7:455, Papers 15:393

________________

"[As to] the question whether, by the laws of nature, one generation of men can, by any act of theirs, bind those which are to follow them? I say, by the laws of nature, there being between generation and generation, as between nation and nation, no other obligatory law."

- Thomas Jefferson to Joseph C. Cabell, 1814. ME 14:67

________________

To Messrs. Nehimiah Dodge, Ephraim Robbins and Stephen S. Nelson, a committee of the
Danbury Baptist Association in the state of Connecticut.

Gentlemen,
THE affectionate sentiments of esteem and apporbation which you are so good as to express towards me, on behalf of the Danbury Baptist Association, gave me the highest satisfaction; my duties dictate a faithful and zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.
Believing with you, that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" thus building a wall of seperation between church and state. Adhering to this expression of the supreme will of the nation, in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural rights in opposition to his social duties.
I reciprocate your kind prayers for the protection and blessing of the common father and creator of man, and tender you, for yourselves, and your Religious Association, assurances of my high respect and esteem.

Thomas Jefferson, JAN. 1, 1802.
[The Aurora General Advertiser, Philadelphia, Feb., 1, 1802].

________________

"A little patience, and we shall see the reign of witches pass over, their spells dissolve, and the people, recovering their true sight, restore their government to its true principles. It is true that in the meantime we are suffering deeply in spirit, and incurring the horrors of a war and long oppressions of enormous public debt. If the game runs sometimes against us at home we must have patience till luck turns, and then we shall have an opportunity of winning back the principles we have lost, for this is a game where principles are at stake."

- Thomas Jefferson, From a letter of 1798, after the passage of the Alien and Sedition Acts.

________________

"...Every one will say no; that the soil is the gift of God to the living, as much as it had been to the deceased generation; and that the laws of nature impose no obligation on them to pay this debt. And although, like some other natural rights, this has not yet entered into any declaration of rights, it is no less a law, and ought to be acted on by honest governments...."

- Thomas Jefferson, Letter to George Hammond, May 29, 1792. [The Thomas Jefferson Papers, in the Library of Congress.]

**********

"Let our answer be this: America, with the same voice which spoke herself into existence as a nation, proclaimed to mankind the inextinguishable rights of human nature, and the only lawful foundations of government. America, in the assembly of nations, since her admission among them, has invariably, though often fruitlessly, held forth to them the hand of honest friendship, of equal freedom, of generous reciprocity.

"She has uniformly spoken among them, though often to heedless and often to disdainful ears, the language of equal liberty, of equal justice, and of equal rights."

- John Quincy Adams, Secretary of State, to the U.S. House of Representatives, July 4, 1821.

"When the day of conflict came, the issue of the contest was necessarily changed. The People of the Colonies had maintained the contest on the principle of resisting the invasion of chartered rights--first by argument and remonstrance, and, finally, by appeal to the sword. But with the war came the necessary exercise of sovereign powers. The Declaration of Independence justified itself as the only possible remedy for insufferable wrongs. It seated itself upon the first foundations of the law of nature, and the incontestable doctrine of human rights. There was no longer any question of the constitutional powers of the British Parliament, or of violated colonial charters. Thenceforward the American Nation supported its existence war: and the British Nation, by war, was Contending for conquest. As, between the two parties, the single question at issue was Independence--but in the confederate existence of the North American Union, Liberty--not only their own liberty, but the vital principle of liberty to the whole race of civilized man, was involved."

- John Quincy Adams, House of Representatives, Dec. 31st, 1834. [ORATION ON THE LIFE AND CHARACTER OF GILBERT MOTIER DE LA FAYETTE].

**********

“Self-preservation is the first law of nature, and has been implanted in the heart of man by his Creator, for the wisest purpose; and no political union, however fraught with blessings and benefits in all other respects, can long continue, if the necessary consequence be to render the homes and the firesides of nearly half the parties to it habitually and hopelessly insecure.”

- President James Buchanan, Washington City, December 3, 1860. Message to the U.S. House & Senate.

**********

"Rights of the citizen declared to be --".


The ONLY time a citizen of these United States can be legally disarmed, is if they are imprisoned according to valid usage of law and then government is obligated to provide protection for them. Otherwise, the citizen is in the state of nature and entitled to be able to defend themselves.

Anything else would be Repugnant to the United States Constitution, and the Laws of God, and Nature.

The perverse usurpations against our Rights, by government(s) that were formed by us. For the express purpose of protecting those very Rights, must cease immediately. All laws that have been passed, regardless of perverse precedence applied. Which are unconstitutional in their nature, must be declared Null and Void, by the TRUE rule of law. Our Freedom, our Liberty, and the very lives of ourselves and progeny absolutely depend upon it.

**********

"This will be the best security for maintaining our liberties. A nation of well-informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the religion of ignorance that tyranny begins."

- Ben Franklin

**********

"How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!"

- Samuel Adams, letter to John Pitts, January 21, 1776

**********

"The plain import of the clause is, that congress shall have all the incidental and instrumental powers, necessary and proper to carry into execution all the express powers. It neither enlarges any power specifically granted; nor is it a grant of any new power to congress. But it is merely a declaration for the removal of all uncertainty, that the means of carrying into execution those, otherwise granted, are included in the grant."

- Joseph Story, Commentaries on the Constitution, 1833.

Those whom allow themselves to be governed by fear,
will soon find themselves under its absolute rule.

Also see:

GOD IN AMERICA

America, Always Armed....

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Re: long long post concerning "gun control" etc. part B

#2 Post by AJMD429 » Sun Aug 25, 2019 4:33 pm

But don't'cha-know.... All that complicated wordy stuff was, like, back like, in the days when stuff like that actually mattered, like, but now like, we're more 'woke', and what really matters is like just making sure like we like look good to each other, and get lots of likes from our friends, for having like really enlightened views and stuff. .
Doctors for Sensible Gun Laws
"first do no harm" - gun control LAWS lead to far more deaths than 'easy access' ever could.


Want REAL change? . . . . . "Boortz/Nugent in 2012 . . . ! "

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Re: long long post concerning "gun control" etc. part B

#3 Post by Grizz » Mon Aug 26, 2019 10:41 am

thumbs up dude

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